ITU-EC HIPSSA Project Support for Harmonization of the ICT Policies in Sub-Sahara Africa Workshop on Namibia National Transposition of SADC Model Laws on Cybersecurity, Lusaka, 20 August 2013 Cybercrime Training (Needs and Topics) Presenter: Prof Dr Marco Gercke International Telecommunication Union Cybercrime TRAINING IN THE CONTEXT OF A COMPREHENSIVE APPROACH TO FIGHT CYBERCRIME Page: 2 Cybercrime Assessment of Cybercrime Assessment Stakeholder Consultations Ministries / Government Inst. Media / Education General Public Civil Liberty Groups Consultation Drafting Policy Drafting PPP Strategy Anti-Cybercrime Policy Drafing Legislation Drafting Int. Coop. Strategy Drafting Crime Prevention S. page: 3 Developing Monitoring S. Building Institutional Capacities Explanatory Notes Material for Press Training for Jud./Pros./Law. Curriculum for Schools Supplying Free Tools Media Campaigns Equipment Police/Customs Complain Center Drafting Implement. Coordinator with authority Assessment Cybercrime Policy Asm. Institutional Capacities Champion Assessment of Legislation Champion Asm. Cybersecurity Strategy Somebody doing the work Assessment Nat. ICT Strategy Somebody doing the work INTERDEPENDENCE Cybercrime COMPONENT 1: TECHNOLOGY page: 4 Cybercrime TECHNOLOGY • Training should include training on technology • Level of detail of the training on technology is depending on the target audience. While judges and prosecutors might only need an overview Cybercrime investigators will need in depth training Page: 5 Cybercrime NETWORK CONCEPT Access Provider 85.1.3.44 Provides an IP Address that is required to communicate. Allows upload and download of data Hosting Provider Stores data for a content provider 124.222.121.1 User Wants to download From www.xxx.com Domain Name Server Translates domain names (like www.xxx.com into an IP Address xxx.com = 85.1.3.44 211.1.3.88 Content Provider Anybody who produces data Routers Forward the request to the right server Page: 6 Cybercrime PHENOMENA page: 7 Cybercrime PHENOMENA • Training should include training on phenomena of Cybercrime • Area with great dynamics • Such training could also be interesting for the press and the general public in order for them to understand how such crime is committed • The following slides contain some examples (excerpts) Page: 8 Cybercrime DATA ESPIONAGE • Valuable and secret information are often stored without adequate protection • Lack of self-protection especially with regard to small businesses and private computer users • Development of protection-plans are often inadequate (eg. change of harddrive without deleting sensible information in advance) Page: 9 Picture removed in print version Bild zur Druckoptimierung entfernt KEYLOGGER Cyberwarfare INTRODUCTION Iran Oil Terminal Duqu Stuxnet 09 page: 10 10 Flame 11 12 Cybercrime GROOMING • The ultimate aim of the offender is often to meet and sexually abuse the child – which requires the presence of the offender at the location of the child ADULT: CHILD: ADULT: ‘Shortly described you have THREE options to earn money through us: 1-Images (you can earn between 50-200 for each series, i.e. 16 images) 2-Web shows [...] it sounds ok, but I think I start with the images... send a couple of images of yourself so I can get a better understanding of how you look ...because then we can start with the fun: namely to discuss prices ;) CHILD: [Child sending over images] ADULT: more .. any in full figure? more? Picture removed in print version CHILD:Bild zur [Child sending over images] Druckoptimierung entfernt GROOMING CHAT page: 11 Cybercrime DEVELOPMENT page: 12 Cybercrime PHENOMENA • Training should include training the development of Cybercrime • Computer crime and Cybercrime is known for more than 50 years • A lot of important things can be learned by studying the past developments Page: 13 Cybercrime 196oth • Introduction of transistor based computer systems lead to an increasing use of computers • Offences at this time were focusing on the physical damage of computer systems and data • Example: Student riot cause a fire that destroyed computer systems at a university in Canada Picture removed in print version Bild zur Druckoptimierung entfernt Source: Wikipedia with ref. to US Gov. page: 14 Cybercrime COMPUTER ATTACK / BOTNET Growing number of users of the Internet goes Attacks against computer systems along with a growing number of hacking attacksin Georgia during armed conflict Hacking attack against airport control system Attacks against computer systems in Estonia during political conflicts Largest botnets: 100.000 bots Largest botnets: 12.000.000 bots 97 98 99 00 01 Legal Response Phenomena Page: 15 02 03 04 05 06 07 08 09 10 11 Cybercrime EXTENT OF CRIME page: 16 Cybercrime UNCERTAINTY REGARDING EXTENT HEIISE NEWS 27.10.2007 • Lack of reporting leads to uncertainty with regard to the extent of crime • This is especially relevant with regard to the involvement of organized crime • Available information from the crime statistics therefore not necessary reflect the real extent of crime Page: 17 Picture States removed in print version The United Federal Bureau of Bild zur Druckoptimierung entfernt Investigation has requested companies not to keep quiet about phishing attacks and attacks on company IT systems, but to inform authorities, so that they can be better informed about criminal activities on the Internet. "It is a problem for us that some companies are clearly more worried about bad publicity than they are about the consequences of a successful hacker attack," explained Mark Mershon, acting head of the FBI's New York office. Cybercrime LATEST TRENDS page: 18 Cybercrime LATEST TRENDS • The training should include training in relation to latest trends • A regular update on the latest developments will not only be important for investigators but also the general public • Example: Liberty Reserve (Money Laundering), AP Twitter Account Hack and stock market manipulation Page: 19 Cybercrime TRAINING FOR JUDGES page: 20 Cybercrime TRAINING FOR JUDGES • Training for judges may include an overview about technology and investigation techniques • The focus will most likely be on substantive criminal law • Training may also include components on electronic evidence Page: 21 CYBERCRIME DEFAMATION AND LIBEL SEC 265 CC OF QUEENSLAND • Internet enables possibilities to anonymously post information on websites • This enables the offender to publish defamatory content and make it much more difficult for investigators to identify the offender page: 22 Picture removed in print version 365 Criminal defamation Bild zur Druckoptimierung entfernt (1) Any person who, without lawful excuse, publishes matter defamatory of another living person (the relevant person)— (a) knowing the matter to be false or without having regard to whether the matter is true or false; and (b) intending to cause serious harm to the relevant person or any other person or without having regard to whether serious harm to the relevant person or any other person is caused; commits a misdemeanour. Maximum penalty—3 years imprisonment. Cybercrime ELECTRONIC EVIDENCE • Emerging relevance of digital evidence influences the procedures in court • Influence is not limited to the fact that courts need to deal with digital evidence • Even the design of courtrooms is influenced Page: 23 Cybercrime TRAINING FOR CYBERCRIME INVESTIGATORS page: 24 Cybercrime TRAINING FOR INVESTIGATORS • Cybercrime investigators may require a very intensive training due to the complexity of the subject matter • This especially includes technology and investigation techniques • Training should include practical elements and simulations Page: 25 Cybercrime IMPORTANCE OF UPDATES • Constant training is necessary as technology is changing • Experts working in this field need to be aware about the consequences of the latest technical trends for investigations • Example: Advice to unplug cord from computer can lead to an encryption of the hard drive if the suspect activated whole disc encryption Seite: 26 Picture removed in print version Bild zur Druckoptimierung entfernt US FIRST RESPONDER GUIDE 3RD ED. Cybercrime IMPORTANCE OF UPDATES • If the suspect is using encryption technology disconnecting the computer system from electricity could hinder access to evidence • Live forensics may be required Picture removed in print version Bild zur Druckoptimierung entfernt US FIRST RESPONDER GUIDE 3RD ED. • In addition to technical capacities to undertake live forensics (e.g. software, hardware) there might be a need for a solid legal foundation as live forensics might interfere with the integrity of evidence Page: 27 Cybercrime TRAINING FOR POLICE page: 28 Cybercrime GENERNAL TRAINING FOR POLICE • In addition to the special training for Cybercrime investigators a general training for the police should be organized • Background: Electronic evidence is becoming more and more relevant not only in Cybercrime cases but also when it comes to traditional crimes (such as murder cases) Page: 29 Cybercrime TRAINING FOR LEGAL DRAFTERS page: 30 Cybercrime LEGAL DRAFTERS • In order to finalize the draft Bills and implement them into the national legislation legal drafters might require additional training • This will especially help them to understand differences between the SADC model law and some international standards • Some differences are a result of correcting mistakes in older international standards (see next slide) Page: 31 Cybercrime EXAMPLE: CHILD PORNOGRAPHY • As cooperation requires legislation gaps can have significant impact • In the early discussion about legal response to an online distribution of child pornography the drafter of regulations focused on digital images • Today not only images and videos but also audio recordings of the sexual abuse of children are distributed online • Older approaches often use language (such as “visually” or “image”) that excludes such material Page: 32 Convention on Cybercrime in print 2. ForPicture the removed purpose ofversion paragraph 1 Bild zur Druckoptimierung entfernt above, the term “child pornography” shall include pornographic material that visually depicts: a. a minor engaged in sexually explicit conduct; b. a person appearing to be a minor engaged in sexually explicit conduct; c. realistic images representing a minor engaged in sexually explicit conduct. EU Directive Child Pornography 2011 Picturepornography’ removed in print version (c) ‘child means: Bild zur Druckoptimierung entfernt (i) any material that visually depicts a child engaged in real or simulated sexually explicit conduct; Cybercrime EXAMPLE: CHILD PORNOGRAPHY • As cooperation requires legislation gaps can have significant impact • In the early discussion about legal response to an online distribution of child pornography the drafter of regulations focused on digital images • Today not only images and videos but also audio recordings of the sexual abuse of children are distributed online • Older approaches often use language (such as “visually” or “image”) that excludes such material Picture removed in print version Bild zur Druckoptimierung entfernt IOL News 2011 Picture removed in print version Bild zur Druckoptimierung entfernt US Training Manual Page: 33 Cybercrime EXAMPLE: CHILD PORNOGRAPHY • SADC Model Law consequently avoids the term “visually” • In addition the definition of the model legislative text contains a clarification that audio material is included Page: 34 SADC MODEL LAW Picturepornography removed in print version (8) Child means Bild zur Druckoptimierung entfernt pornographic material that depicts presents or represents: (a) a child engaged in sexually explicit conduct; (b) a person appearing to be a child engaged in sexually explicit conduct; or (c) images representing a child engaged in sexually explicit conduct; this includes, but is not limited to, any audio, visual or text pornographic material. Cybercrime GENERAL PUBLIC page: 35 Cybercrime GENERAL PUBLIC • As part of a crime prevention strategy general training could be organized for the general public • Such training could include an overview about how crimes are committed and how to prevent becoming victim of such crime • This may include a special training for schools and universities Page: 36 Cybercrime Understanding Cybercrime ITU Seite: 37 38 Thank you for your attention! INTERNATIONAL TELECOMMUNICATION UNION